Court Cases Violating the Constitution

1297 Words Feb 22nd, 2018 5 Pages
Bill of Rights
Amendment I

1. McCreary County v. ACLU of Kentucky 545 U.S. 844 (2005) 2. McCreary County, one of two small counties in Kentucky involved with this case, displayed a copy of the Ten Commandments in their court house which was later deemed unconstitutional. A major factor is this dealing was an earlier case in which the "Lemon Law" was created setting the framework for any religious case thereafter. The counties claimed that the documents were merely in place to describe to civilians the effect that religion had on modern law and the constitution; however, the ACLU felt that this failed to pass the "Lemon Test" and acted accordingly. After losing the case, the county took the document down and later reposted the document along with several others such as, the Star Spangled banner and the Magna Carta, with the intent to maintain their secular position on the situation. This was, again, deemed unconstitutional and eventually taken to the Supreme Court where McCreary County was forced to remove any documents that had any religious affiliation whatsoever.

3. The court decided that McCreary County did not have a secular intention regardless of express intent or physical action and they were required to remove any documents or items that may have any religious affiliation in the least.

4. We learned in class that courts try to be consistent and that is what happened is this specific case. Lemon v. Kurtzman created the test that kept rearing its ugly…
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